R.K. Singh, J. - (1.) Moti Lal Nehru Regional Engineering College, Allahabad is run by a Society registered under the Societies Registration Act, 1860. The management of the college Is looked after by the Board of Governors as per memorandum of Association of the College. Regional Engineering Colleges have national character with the faculty and students drawn from all parts of the country. The Chairman of the college is nominated by the State Government in consultation with Central Government. The college is an associated college of the University of Allahabad within the meaning of Section 2 (4) of the U. P. State Universities Act, 1973. The college comprises the following departments of the faculty of Engineering, (ii) Civil Engineering : (ii) Electrical Engineering ; (iii) Mechanical Engineering ; (iv) Applied Mechanics, Hydraulic and Hydraulic Mechanics and (u) Applied Mathematics. Applied Science and Humanities.
(2.) The Principal of the College has issued an advertisement of vacant teaching and administrative posts and the said advertisement was published in "Times of India" on 24th August, 1994 as advertisement No. 1 Teaching and Administrative/94. A photostat copy of the advertisement is Annexure-I to the writ petition. Twenty posts of readers in different departments were advertised by the aforesaid advertisement and out of said vacancies, two posts were of the department of Mechanical Engineering. There was a note at the foot of the advertisement that the teaching posts sanctioned by U. P. Government and other administrative and Technical posts shall be reserved for Scheduled Caste (S.C.) and Scheduled Tribes (S.T.) and other Backward Classes (O.B.C.) at the stage of direct recruitment. The petitioner Hari Saran Goyal applied for his selection and appointment on one of the two posts of readers in the department of Mechanical Engineering. He appeared before the respondent No. 6 Selection Committee and the Selection Committee submitted Its recommendation which has been approved by the Vice-Chairman of the Board of Governors, i.e., by the Secretary, Technical Education Department. Government of Uttar Pradesh who is ex-officio Vice-Chairman.
(3.) The petitioner alleges that two posts of Readers in the department of Mechanical Engineering were advertised and one candidate has been approved for his appointment against the post whereas the petitioner's name has wrongly been kept in the waiting list though another post is lying vacant, and the selection committee respondent No. 6 has directed the Principal of the college to readvertise the post mentioned in the letter dated 22.9.1995 for filling the said post by Scheduled Caste and Backward Class candidates through "Special. Recruitment Drive". The petitioner alleges that as per advertisement No. 1/94, the reservation was applicable only to the posts sanctioned by the U. P. Government and it has not been stated in the advertisement as to which post was sanctioned by the Government. The post of Reader of Mechanical Engineering was not reserved. Therefore, neither the petitioner's name should have been kept in the waiting list nor the post should have been readvertised.;